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State of Gujarat - Section

Section 10 in Gujarat Lokayukta Aayog Act, 2013

10. Matter not subject to investigation.

(1)The Lokayukta Aayog shall not investigate any action,-
(a)in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850,(37 of 1850.) with its prior concurrence, or
(b)in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952,(60 of 1952.) on its recommendation or with its prior concurrence or by the State Government under the proviso to sub-section (2) of section 7, or
(c)in respect of a matter if a process including appeal, revision, review or other proceeding is pending before any tribunal, Court, officer or other competent authority under any other law for the time being in force, or
(d)in respect of a matter which has been inquired into under the enactments referred to in clauses (a) or (b) or (c) and has been finally decided by a competent court.
(2)The Lokayukta Aayog shall not investigate any complaint which is excluded from its jurisdiction by virtue of a notification issued under section 23.
(3)The Lokayukta or an Up-Lokayukta shall not be a member of the Bench inquiring or investigating into any matter concerning any person if he has any bias in respect of such matter or person and if any dispute arises in this behalf, the Governor shall, on an application made by the party aggrieved, obtain in such manner as may be prescribed, the opinion of the Chief Justice of the High Court and decide the dispute.
(4)The Lokayukta Aayog shall not inquire into any complaint if the complaint is made after the expiry of five years from the date on which the action mentioned in such complaint is alleged to have been taken or if the complaint is made after a period of one year from the date of the complainant's knowledge of such cause for action.